Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Summary

[2024] FWCA 2654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2024/2533)

BURELLI ROOFING PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 JULY 2024

Application for approval of the Burelli Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Burelli Roofing Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 18 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Burelli Roofing Pty Ltd. The union sought approval of the plumbing enterprise agreement between the union and the employer for the period 2024 to 2027. The court was asked to determine whether the agreement met the criteria for approval under the relevant federal legislation.

The primary legal issue was whether the agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement was made in good faith, covered the appropriate employees, and did not contain any terms that were contrary to public policy or that failed to meet the minimum entitlements set out in the Act. The union and the employer had reached an agreement on most of the terms, but some provisions were contested.

In delivering its decision, the court examined each contested term in detail. The court found that the agreement was made in good faith and that it covered the appropriate employees. Regarding the contested terms, the court concluded that none of them were contrary to public policy or failed to meet the minimum entitlements required by the Act. The court was satisfied that the agreement provided fair and reasonable terms for both the employees and the employer. Consequently, the court approved the agreement.

The court ordered that the agreement be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from 1 April 2024 until 31 March 2027, subject to the terms and conditions set out in the agreement. The union and the employer were directed to comply with the agreement in good faith and to ensure that it was implemented in accordance with the Act. The court's decision brought finality to the dispute and provided clarity for both parties moving forward.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established